Appendix A · Charter Ordinances

Charter Ordinance No. 1

NOTE: The charter ordinances included in this appendix are for informational purposes only. Each of them contains the substance as passed by the city governing body, but enacting clauses, publication clauses and signatures have been omitted. Complete copies of each ordinance as passed are on file in the office of the city clerk. Copies of charter ordinances also are on file with the secretary of state. Date of passage is shown in parentheses at the end of the text.

A CHARTER ORDINANCE EXEMPTING THE CITY OF CARBONDALE, KANSAS FROM K.S.A. 79-5011 PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT AND AUTHORIZING A LEVY OF TAXES TO CREATE SEPARATE SPECIAL FUNDS FOR THE PURPOSES OF PAYING UTILITY SERVICE COSTS. EMPLOYEE BENEFITS, PUBLIC SAFETY COSTS, STREET MAINTENANCE AND IMPROVEMENT COSTS, AND PUBLIC RECREATION AND PLAYGROUND COST.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CARBONDALE, KANSAS.

Section 1. The City of Carbondale, Kansas by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it K.S.A. 79-5011, and provide substitute and additional provisions as hereinafter set forth in this charter ordinance K.S.A. 79-5011 is a part of an enactment of the legislature establishing an aggregate tax levy limitation applicable to this city but not applicable uniformly to all cities, and the legislature has not established classes of cities for the purpose of imposing aggregate limitations under said constitutional provision.

Section 2. The provisions of K.S.A. 79-5011 to 79-5016, inclusive, shall not apply to the levy of taxes by the City of Carbondale for the payment of:

(a)Principal and interest upon bonds and temporary notes;

(b)No fund warrants issued with the approval of the State Board of Tax Appeals;

(c)Legal judgments rendered against the City;

(d)Rent due under any lease with a public building commission;

(e)Special assessments charged against the City at large;

(f)Utility service costs, whether paid from a separate tax levy fund of the City or from any other tax supported fund;

(g)Employee benefits whether paid from separate property tax levy fund of the City or from any other tax supported fund;

(h)Public safety costs of police and fire protection whether paid from a separate property tax levy fund of the City or from any other tax supported fund;

(i)Street maintenance and improvement costs whether paid from a separate property tax levy fund of the city or from any other tax supported fund;

Section 3. The provision of Article 50 of Chapter 79 of the Kansas Statutes Annotated shall not apply to any taxes levied by the City of Carbondale, levied under the provisions of K.S.A. 1979 Supp. 40-2305, 1979 Supp. 74-4920, 1979 Supp. 40-2305, 1979 Supp. 74-4920, 1979 supp. 74-4967, 1979 Supp. 12-11a03, 1979 Supp. 12-1617h, or to any tax levies required for the payment of employee contributions to any pension and retirement program, or to any other taxes authorized by state law to be levied in addition to or exempt from the aggregate levy limitation of the City of Carbondale.

Amounts produced from any levy specified or authorized in this chapter ordinance, including any levy or purpose authorized to be levied in addition to or exempt from the aggregate levy limit of the City, shall not be used in computing any aggregate limitation under Article 50 of Chapter 79 of the Kansas Statutes Annotated.

Section 4. The City of Carbondale is hereby authorized to levy a tax and create a special fund for each of the following purposes:

(a)Paying utility service costs which are defined to include payments made by the City to water, electric or natural gas systems, companies or utilities for the purpose of obtaining street lighting or traffic control signals or from the lighting, heating, cooling or supplying of water or energy to any city building or facility or for the operation or performance of any function or service by the City of Carbondale.

(b)Pay the City’s share of the costs of employee benefits which shall include Social Security (FICA), Kansas Public Retirement System (KPERS), workmen’s compensation benefits, employment security and unemployment compensation benefits and medical health and hospitalization insurance;

(c)Law enforcement and fire protection costs which shall include the City’s cost for salaries, equipment, commodities and services necessary for the provision of police and fire protection services to the City of Carbondale.

(d)Pay street maintenance and improvement costs which shall include the City’s costs for salaries, equipment, material, and commodities for services necessary for the repair and improvements of streets with the City of Carbondale.

(e)Installation, maintenance, and operation of the City’s public recreation and playground facilities; said costs to include salaries, equipment, materials, commodities and service necessary for the provision, operations, and performance of the City’s recreation facilities and programs; said fund to be in addition to that authorized Article 19 Chapter 12 of the Kansas Statutes Annotated.

(5-20-1980)